---
kind: "section"
citation: "42 U.S.C. § 9628"
title: "42"
title_heading: "The Public Health and Welfare"
number: "9628"
heading: "State response programs"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/9628"
units:
  - "Chapter 103 — Comprehensive Environmental Response, Compensation, and Liability"
  - "Subchapter I — Hazardous Substances Releases, Liability, Compensation"
---

# §9628. State response programs

- (a) **Assistance to States—**
  - (1) **In general—**
    - (A) **States—** The [Administrator](/usc/42/9601.md?p=2) may award a grant to a [State](/usc/42/9601.md?p=27) or [Indian tribe](/usc/42/9601.md?p=36) that—
      - (i) has a [response](/usc/42/9601.md?p=25) program that includes each of the elements, or is taking reasonable steps to include each of the elements, listed in [paragraph (2)](#a-2); or
      - (ii) is a party to a memorandum of agreement with the [Administrator](/usc/42/9601.md?p=2) for voluntary [response](/usc/42/9601.md?p=25) programs.
    - (B) **Use of grants by States—**
      - (i) **In general—** A [State](/usc/42/9601.md?p=27) or [Indian tribe](/usc/42/9601.md?p=36) may use a grant under this subsection to establish or enhance the [response](/usc/42/9601.md?p=25) program of the [State](/usc/42/9601.md?p=27) or [Indian tribe](/usc/42/9601.md?p=36).
      - (ii) **Additional uses—** In addition to the uses under [clause (i)](#a-1-B-i), a [State](/usc/42/9601.md?p=27) or [Indian tribe](/usc/42/9601.md?p=36) may use a grant under this subsection to—
        - (I) capitalize a revolving loan [fund](/usc/42/9601.md?p=11) for brownfield remediation under [section 9604(k)(3) of this title](/usc/42/9604.md?p=k-3);
        - (II) purchase insurance or develop a risk sharing pool, an indemnity pool, or insurance mechanism to provide financing for [response](/usc/42/9601.md?p=25) actions under a [State](/usc/42/9601.md?p=27) [response](/usc/42/9601.md?p=25) program; or
        - (III) assist small communities, [Indian tribes](/usc/42/9601.md?p=36), rural areas, or disadvantaged areas in carrying out activities described in [section 9604(k)(7)(A) of this title](/usc/42/9604.md?p=k-7-A) with respect to [brownfield sites](/usc/42/9601.md?p=39-A).
      - (iii) **Small communities, Indian tribes, rural areas, and disadvantaged areas—**
        - (I) **In general—** To make grants to [States](/usc/42/9601.md?p=27) or [Indian tribes](/usc/42/9601.md?p=36) under [clause (ii)(III)](#a-1-B-ii-III), the [Administrator](/usc/42/9601.md?p=2) may use, in addition to amounts available to carry out this subsection, not more than $1,500,000 of the amounts made available to carry out [section 9604(k)(7) of this title](/usc/42/9604.md?p=k-7) in each fiscal year.
        - (II) **Limitation—** Each grant made under [subclause (I)](#a-1-B-iii-I) may be not more than $20,000.
        - (III) **Inclusion in other grants—** The [Administrator](/usc/42/9601.md?p=2) may, at the request of a [State](/usc/42/9601.md?p=27) or [Indian tribe](/usc/42/9601.md?p=36), include a grant under this clause in any other grant to the [State](/usc/42/9601.md?p=27) or [Indian tribe](/usc/42/9601.md?p=36) made under this subsection.
      - (iv) **Definitions—** In this subparagraph:
        - (I) **Disadvantaged area—** The term “disadvantaged area” means a community with an annual median household income that is less than 80 percent of the statewide annual median household income, as determined by the President based on the latest available decennial census.
        - (II) **Small community—** The term “small community” means a community with a population of not more than 15,000 individuals, as determined by the President based on the latest available decennial census.
  - (2) **Elements—** The elements of a [State](/usc/42/9601.md?p=27) or [Indian tribe](/usc/42/9601.md?p=36) [response](/usc/42/9601.md?p=25) program referred to in [paragraph (1)(A)(i)](#a-1-A-i) are the following:
    - (A) Timely survey and inventory of [brownfield sites](/usc/42/9601.md?p=39-A) in the [State](/usc/42/9601.md?p=27).
    - (B) Oversight and enforcement authorities or other mechanisms, and resources, that are adequate to ensure that—
      - (i) a [response](/usc/42/9601.md?p=25) action will—
        - (I) protect human health and the [environment](/usc/42/9601.md?p=8); and
        - (II) be conducted in accordance with applicable Federal and [State](/usc/42/9601.md?p=27) law; and
      - (ii) if the [person](/usc/42/9601.md?p=21) conducting the [response](/usc/42/9601.md?p=25) action fails to complete the necessary [response](/usc/42/9601.md?p=25) activities, including operation and maintenance or long-term monitoring activities, the necessary [response](/usc/42/9601.md?p=25) activities are completed.
    - (C) Mechanisms and resources to provide meaningful opportunities for public participation, including—
      - (i) public access to documents that the [State](/usc/42/9601.md?p=27), [Indian tribe](/usc/42/9601.md?p=36), or party conducting the cleanup is relying on or developing in making cleanup decisions or conducting site activities;
      - (ii) prior notice and opportunity for comment on proposed cleanup plans and site activities; and
      - (iii) a mechanism by which—
        - (I) a [person](/usc/42/9601.md?p=21) that is or may be affected by a [release](/usc/42/9601.md?p=22) or threatened [release](/usc/42/9601.md?p=22) of a [hazardous substance](/usc/42/9601.md?p=14), pollutant, or contaminant at a [brownfield site](/usc/42/9601.md?p=39-A) located in the community in which the [person](/usc/42/9601.md?p=21) works or resides may request the conduct of a site assessment; and
        - (II) an appropriate [State](/usc/42/9601.md?p=27) official shall consider and appropriately [respond](/usc/42/9601.md?p=25) to a request under [subclause (I)](#a-2-C-iii-I).
    - (D) Mechanisms for approval of a cleanup plan, and a requirement for verification by and certification or similar documentation from the [State](/usc/42/9601.md?p=27), an [Indian tribe](/usc/42/9601.md?p=36), or a licensed site professional to the [person](/usc/42/9601.md?p=21) conducting a [response](/usc/42/9601.md?p=25) action indicating that the [response](/usc/42/9601.md?p=25) is complete.
  - (3) **Funding—** There is authorized to be appropriated to carry out this subsection $50,000,000 for each of fiscal years 2019 through 2023.
- (b) **Enforcement in cases of a release subject to State program—**
  - (1) **Enforcement—**
    - (A) **In general—** Except as provided in [subparagraph (B)](#b-1-B) and subject to [subparagraph (C)](#b-1-C), in the case of an [eligible response site](/usc/42/9601.md?p=41-A) at which—
      - (i) there is a [release](/usc/42/9601.md?p=22) or threatened [release](/usc/42/9601.md?p=22) of a [hazardous substance](/usc/42/9601.md?p=14), pollutant, or contaminant; and
      - (ii) a [person](/usc/42/9601.md?p=21) is conducting or has completed a [response](/usc/42/9601.md?p=25) action regarding the specific [release](/usc/42/9601.md?p=22) that is addressed by the [response](/usc/42/9601.md?p=25) action that is in compliance with the [State](/usc/42/9601.md?p=27) program that specifically governs [response](/usc/42/9601.md?p=25) actions for the protection of public health and the [environment](/usc/42/9601.md?p=8),

      the President may not use authority under this chapter to take an administrative or judicial enforcement action under [section 9606(a) of this title](/usc/42/9606.md?p=a) or to take a judicial enforcement action to recover [response](/usc/42/9601.md?p=25) costs under [section 9607(a) of this title](/usc/42/9607.md?p=a) against the [person](/usc/42/9601.md?p=21) regarding the specific [release](/usc/42/9601.md?p=22) that is addressed by the [response](/usc/42/9601.md?p=25) action.

    - (B) **Exceptions—** The President may bring an administrative or judicial enforcement action under this chapter during or after completion of a [response](/usc/42/9601.md?p=25) action described in [subparagraph (A)](#b-1-A) with respect to a [release](/usc/42/9601.md?p=22) or threatened [release](/usc/42/9601.md?p=22) at an [eligible response site](/usc/42/9601.md?p=41-A) described in that subparagraph if—
      - (i) the [State](/usc/42/9601.md?p=27) requests that the President provide assistance in the performance of a [response](/usc/42/9601.md?p=25) action;
      - (ii) the [Administrator](/usc/42/9601.md?p=2) determines that contamination has migrated or will migrate across a [State](/usc/42/9601.md?p=27) line, resulting in the need for further [response](/usc/42/9601.md?p=25) action to protect human health or the [environment](/usc/42/9601.md?p=8), or the President determines that contamination has migrated or is likely to migrate onto property subject to the jurisdiction, custody, or control of a department, [agency](/usc/42/8262.md?p=1), or instrumentality of the [United States](/usc/42/9601.md?p=27) and may impact the authorized purposes of the Federal property;
      - (iii) after taking into consideration the [response](/usc/42/9601.md?p=25) activities already taken, the [Administrator](/usc/42/9601.md?p=2) determines that—
        - (I) a [release](/usc/42/9601.md?p=22) or threatened [release](/usc/42/9601.md?p=22) may present an imminent and substantial endangerment to public health or welfare or the [environment](/usc/42/9601.md?p=8); and
        - (II) additional [response](/usc/42/9601.md?p=25) actions are likely to be necessary to address, prevent, limit, or mitigate the [release](/usc/42/9601.md?p=22) or threatened [release](/usc/42/9601.md?p=22); or
      - (iv) the [Administrator](/usc/42/9601.md?p=2), after consultation with the [State](/usc/42/9601.md?p=27), determines that information, that on the earlier of the date on which cleanup was approved or completed, was not known by the [State](/usc/42/9601.md?p=27), as recorded in documents prepared or relied on in selecting or conducting the cleanup, has been discovered regarding the contamination or conditions at a [facility](/usc/42/9601.md?p=9) such that the contamination or conditions at the [facility](/usc/42/9601.md?p=9) present a threat requiring further remediation to protect public health or welfare or the [environment](/usc/42/9601.md?p=8). Consultation with the [State](/usc/42/9601.md?p=27) shall not limit the ability of the [Administrator](/usc/42/9601.md?p=2) to make this determination.
    - (C) **Public record—** The limitations on the authority of the President under [subparagraph (A)](#b-1-A) apply only at sites in [States](/usc/42/9601.md?p=27) that maintain, update not less than annually, and make available to the public a record of sites, by name and location, at which [response](/usc/42/9601.md?p=25) actions have been completed in the previous year and are planned to be addressed under the [State](/usc/42/9601.md?p=27) program that specifically governs [response](/usc/42/9601.md?p=25) actions for the protection of public health and the [environment](/usc/42/9601.md?p=8) in the upcoming year. The public record shall identify whether or not the site, on completion of the [response](/usc/42/9601.md?p=25) action, will be suitable for unrestricted use and, if not, shall identify the institutional controls relied on in the [remedy](/usc/42/9601.md?p=24). Each [State](/usc/42/9601.md?p=27) and tribe receiving financial assistance under [subsection (a)](#a) shall maintain and make available to the public a record of sites as provided in this paragraph.
    - (D) **EPA notification—**
      - (i) **In general—** In the case of an [eligible response site](/usc/42/9601.md?p=41-A) at which there is a [release](/usc/42/9601.md?p=22) or threatened [release](/usc/42/9601.md?p=22) of a [hazardous substance](/usc/42/9601.md?p=14), pollutant, or contaminant and for which the [Administrator](/usc/42/9601.md?p=2) intends to carry out an action that may be barred under [subparagraph (A)](#b-1-A), the [Administrator](/usc/42/9601.md?p=2) shall—
        - (I) notify the [State](/usc/42/9601.md?p=27) of the action the [Administrator](/usc/42/9601.md?p=2) intends to take; and
        - (II)
          - (aa) wait 48 hours for a reply from the [State](/usc/42/9601.md?p=27) under [clause (ii)](#b-1-D-ii); or
          - (bb) if the [State](/usc/42/9601.md?p=27) fails to reply to the notification or if the [Administrator](/usc/42/9601.md?p=2) makes a determination under [clause (iii)](#b-1-D-iii), take immediate action under that clause.
      - (ii) **State reply—** Not later than 48 hours after a [State](/usc/42/9601.md?p=27) receives notice from the [Administrator](/usc/42/9601.md?p=2) under [clause (i)](#b-1-D-i), the [State](/usc/42/9601.md?p=27) shall notify the [Administrator](/usc/42/9601.md?p=2) if—
        - (I) the [release](/usc/42/9601.md?p=22) at the [eligible response site](/usc/42/9601.md?p=41-A) is or has been subject to a cleanup conducted under a [State](/usc/42/9601.md?p=27) program; and
        - (II) the [State](/usc/42/9601.md?p=27) is planning to abate the [release](/usc/42/9601.md?p=22) or threatened [release](/usc/42/9601.md?p=22), any actions that are planned.
      - (iii) **Immediate Federal action—** The [Administrator](/usc/42/9601.md?p=2) may take action immediately after giving notification under [clause (i)](#b-1-D-i) without waiting for a [State](/usc/42/9601.md?p=27) reply under [clause (ii)](#b-1-D-ii) if the [Administrator](/usc/42/9601.md?p=2) determines that one or more exceptions under [subparagraph (B)](#b-1-B) are met.
    - (E) **Report to Congress—** Not later than 90 days after the date of initiation of any enforcement action by the President under clause [(ii)](#b-1-B-ii), [(iii)](#b-1-B-iii), or [(iv)](#b-1-B-iv) of subparagraph (B), the President shall submit to Congress a report describing the basis for the enforcement action, including specific references to the facts demonstrating that enforcement action is permitted under [subparagraph (B)](#b-1-B).
  - (2) **Savings provision—**
    - (A) **Costs incurred prior to limitations—** Nothing in [paragraph (1)](#b-1) precludes the President from seeking to recover costs incurred prior to January 11, 2002, or during a period in which the limitations of [paragraph (1)(A)](#b-1-A) were not applicable.
    - (B) **Effect on agreements between States and EPA—** Nothing in [paragraph (1)](#b-1)—
      - (i) modifies or otherwise affects a memorandum of agreement, memorandum of understanding, or any similar agreement relating to this chapter between a [State agency](/usc/42/300s–3.md?p=12) or an [Indian tribe](/usc/42/9601.md?p=36) and the [Administrator](/usc/42/9601.md?p=2) that is in effect on or before January 11, 2002 (which agreement shall remain in effect, subject to the terms of the agreement); or
      - (ii) limits the discretionary authority of the President to enter into or modify an agreement with a [State](/usc/42/9601.md?p=27), an [Indian tribe](/usc/42/9601.md?p=36), or any other [person](/usc/42/9601.md?p=21) relating to the implementation by the President of statutory authorities.
  - (3) **Effective date—** This subsection applies only to [response](/usc/42/9601.md?p=25) actions conducted after February 15, 2001.
- (c) **Effect on Federal laws—** Nothing in this section affects any [liability](/usc/42/9601.md?p=32) or [response](/usc/42/9601.md?p=25) authority under any Federal law, including—
  - (1) this chapter, except as provided in [subsection (b)](#b);
  - (2) the Solid Waste Disposal Act ([42 U.S.C. 6901](/usc/42/6901.md) et seq.);
  - (3) the Federal Water Pollution Control Act ([33 U.S.C. 1251](/usc/33/1251.md) et seq.);
  - (4) the Toxic Substances Control Act ([15 U.S.C. 2601](/usc/15/2601.md) et seq.); and
  - (5) the Safe Drinking Water Act ([42 U.S.C. 300f](/usc/42/300f.md) et seq.).

## Source credit

(Pub. L. 96–510, title I, § 128, as added Pub. L. 107–118, title II, § 231(b), Jan. 11, 2002, 115 Stat. 2375; amended Pub. L. 115–141, div. N, §§ 14(a), 15, Mar. 23, 2018, 132 Stat. 1058, 1059.)

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in subsecs. (b)(1)(A), (B), (2)(B)(i) and (c)(1), was in the original “this Act”, meaning Pub. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, known as the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 9601 of this title and Tables.

The Solid Waste Disposal Act, referred to in subsec. (c)(2), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 82 (§ 6901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of this title and Tables.

The Federal Water Pollution Control Act, referred to in subsec. (c)(3), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables.

The Toxic Substances Control Act, referred to in subsec. (c)(4), is Pub. L. 94–469, Oct. 11, 1976, 90 Stat. 2003, which is classified generally to chapter 53 (§ 2601 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of Title 15 and Tables.

The Safe Drinking Water Act, referred to in subsec. (c)(5), is title XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L. 93–523, § 2(a), 88 Stat. 1660, which is classified generally to subchapter XII (§ 300f et seq.) of chapter 6A of this title. For complete classification of this Act to the Code, see Short Title note set out under section 201 of this title and Tables.

### Amendments

2018—Subsec. (a)(1)(B)(ii)(III). Pub. L. 115–141, § 14(a)(1), added subcl. (III).

Subsec. (a)(1)(B)(iii), (iv). Pub. L. 115–141, § 14(a)(2), added cls. (iii) and (iv).

Subsec. (a)(3). Pub. L. 115–141, § 15, amended par. (3) generally. Prior to amendment, text read as follows: “There is authorized to be appropriated to carry out this subsection $50,000,000 for each of fiscal years 2002 through 2006.”